Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2017-09-01 allowed

Saraswati Educational Charitable Trust and Anr vs Union of India and Anr

Bench: 3 — A.M. Khanwilkar

In Brief

A charitable trust sought to establish a new medical college in Uttar Pradesh. After inspection in November 2016 revealed only minor deficiencies (1.5% faculty shortage, 6.52% resident shortage, both within acceptable limits), the Medical Council of India attempted a second inspection in December 2016 after a stated cut-off date. The college, correctly advised, objected. The Government then barred admissions for two academic years. The Supreme Court held that the college fulfilled all requirements, the first inspection was comprehensive with no major deficiencies, and the second inspection lacked justification. Using its Article 142 powers, the Court quashed the debarment order and directed the college be allowed to admit up to 150 students in 2017-18 through central counselling, while preserving the regulator's right to inspect if needed."

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